Selanjutnya
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FINAL ACT EMBODYING THE RESULTS OF THE
URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS
1.
Having met in order to conclude the Uruguay Round of Multilateral Trade Negotiations,
representatives of the governments and of the European Communities, members of the Trade Negotiations
Committee, agree that the Agreement Establishing the World Trade Organization (referred to in this
Final Act as the "WTO Agreement"), the Ministerial Declarations and Decisions, and the Understanding
on Commitments in Financial Services, as annexed hereto, embody the results of their negotiations
and form an integral part of this Final Act.
2.
By signing the present Final Act, the representatives agree
(a)
to submit, as appropriate, the WTO Agreement for the consideration of their respective
competent authorities with a view to seeking approval of the Agreement in accordance
with their procedures; and
(b)
to adopt the Ministerial Declarations and Decisions.
3.
The representatives agree on the desirability of acceptance of the WTO Agreement by all
participants in the Uruguay Round of Multilateral Trade Negotiations (hereinafter referred to as
"participants") with a view to its entry into force by 1 January 1995, or as early as possible thereafter.
Not later than late 1994, Ministers will meet, in accordance with the final paragraph of the Punta del
Este Ministerial Declaration, to decide on the international implementation of the results, including
the timing of their entry into force.
4.
The representatives agree that the WTO Agreement shall be open for acceptance as a whole,
by signature or otherwise, by all participants pursuant to Article XIV thereof. The acceptance and entry
into force of a Plurilateral Trade Agreement included in Annex 4 of the WTO Agreement shall be
governed by the provisions of that Plurilateral Trade Agreement.
5.
Before accepting the WTO Agreement, participants which are not contracting parties to the
General Agreement on Tariffs and Trade must first have concluded negotiations for their accession
to the General Agreement and become contracting parties thereto. For participants which are not
contracting parties to the General Agreement as of the date of the Final Act, the Schedules are not
definitive and shall be subsequently completed for the purpose of their accession to the General
Agreement and acceptance of the WTO Agreement.
6.
This Final Act and the texts annexed hereto shall be deposited with the Director-General to
the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade who shall promptly
furnish to each participant a certified copy thereof.
DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four,
in a single copy, in the English, French and Spanish languages, each text being authentic.
[List of signatures to be included in the treaty copy of the Final Act for signature]
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AGREEMENT ESTABLISHING THE
WORLD TRADE ORGANIZATION
The Parties to this Agreement,
Recognizing that their relations in the field of trade and economic endeavour should be conducted
with a view to raising standards of living, ensuring full employment and a large and steadily growing
volume of real income and effective demand, and expanding the production of and trade in goods and
services, while allowing for the optimal use of the world's resources in accordance with the objective
of sustainable development, seeking both to protect and preserve the environment and to enhance the
means for doing so in a manner consistent with their respective needs and concerns at different levels
of economic development,
Recognizing further that there is need for positive efforts designed to ensure that developing
countries, and especially the least developed among them, secure a share in the growth in international
trade commensurate with the needs of their economic development,
Being desirous of contributing to these objectives by entering into reciprocal and mutually
advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade
and to the elimination of discriminatory treatment in international trade relations,
Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system
encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts,
and all of the results of the Uruguay Round of Multilateral Trade Negotiations,
Determined to preserve the basic principles and to further the objectives underlying this
multilateral trading system,
A gree as follows:
A rticle I
Establishment of the Organization
The World Trade Organization (hereinafter referred to as "the WTO") is hereby established.
A rticle II
Scope of the WTO
1.
The WTO shall provide the common institutional framework for the conduct of trade relations
among its Members in matters related to the agreements and associated legal instruments included in
the Annexes to this Agreement.
2.
The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter
referred to as "Multilateral Trade Agreements") are integral parts of this Agreement, binding on all
Members.
3.
The agreements and associated legal instruments included in Annex 4 (hereinafter referred
to as "Plurilateral Trade Agreements") are also part of this Agreement for those Members that have
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accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create
either obligations or rights for Members that have not accepted them.
4.
The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred
to as "GATT 1994") is legally distinct from the General Agreement on Tariffs and Trade, dated
30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the
Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently
rectified, amended or modified (hereinafter referred to as "GATT 1947").
A rticle III
Functions of the WTO
1.
The WTO shall facilitate the implementation, administration and operation, and further the
objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the
framework for the implementation, administration and operation of the Plurilateral Trade Agreements.
2.
The WTO shall provide the forum for negotiations among its Members concerning their
multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement.
The WTO may also provide a forum for further negotiations among its Members concerning their
multilateral trade relations, and a framework for the implementation of the results of such negotiations,
as may be decided by the Ministerial Conference.
3.
The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement
of Disputes (hereinafter referred to as the "Dispute Settlement Understanding" or "DSU") in Annex 2
to this Agreement.
4.
The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the
"TPRM") provided for in Annex 3 to this Agreement.
5.
With a view to achieving greater coherence in global economic policy-making, the WTO shall
cooperate, as appropriate, with the International Monetary Fund and with the International Bank for
Reconstruction and Development and its affiliated agencies.
A rticle IV
Structure of the WTO
1.
There shall be a Ministerial Conference composed of representatives of all the Members, which
shall meet at least once every two years. The Ministerial Conference shall carry out the functions of
the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority
to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by
a Member, in accordance with the specific requirements for decision-making in this Agreement and
in the relevant Multilateral Trade Agreement.
2.
There shall be a General Council composed of representatives of all the Members, which shall
meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions
shall be conducted by the General Council. The General Council shall also carry out the functions
assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve
the rules of procedure for the Committees provided for in paragraph 7.
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3.
The General Council shall convene as appropriate to discharge the responsibilities of the Dispute
Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body
may have its own chairman and shall establish such rules of procedure as it deems necessary for the
fulfilment of those responsibilities.
4.
The General Council shall convene as appropriate to discharge the responsibilities of the Trade
Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own
chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those
responsibilities.
5.
There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council
for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Council for
TRIPS"), which shall operate under the general guidance of the General Council. The Council for Trade
in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council
for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services
(hereinafter referred to as "GATS"). The Council for TRIPS shall oversee the functioning of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the
"Agreement on TRIPS"). These Councils shall carry out the functions assigned to them by their respective
agreements and by the General Council. They shall establish their respective rules of procedure subject
to the approval of the General Council. Membership in these Councils shall be open to representatives
of all Members. These Councils shall meet as necessary to carry out their functions.
6.
The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS
shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective
rules of procedure subject to the approval of their respective Councils.
7.
The Ministerial Conference shall establish a Committee on Trade and Development, a Committee
on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which
shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade
Agreements, and any additional functions assigned to them by the General Council, and may establish
such additional Committees with such functions as it may deem appropriate. As part of its functions,
the Committee on Trade and Development shall periodically review the special provisions in the
Multilateral Trade Agreements in favour of the least-developed country Members and report to the
General Council for appropriate action. Membership in these Committees shall be open to representatives
of all Members.
8.
The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions
assigned to them under those Agreements and shall operate within the institutional framework of the
WTO. These bodies shall keep the General Council informed of their activities on a regular basis.
A rticle V
Relations with Other Organizations
1.
The General Council shall make appropriate arrangements for effective cooperation with other
intergovernmental organizations that have responsibilities related to those of the WTO.
2.
The General Council may make appropriate arrangements for consultation and cooperation with
non-governmental organizations concerned with matters related to those of the WTO.
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A rticle V I
The Secretariat
1.
There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed
by a Director-General.
2.
The Ministerial Conference shall appoint the Director-General and adopt regulations setting
out the powers, duties, conditions of service and term of office of the Director-General.
3.
The Director-General shall appoint the members of the staff of the Secretariat and determine
their duties and conditions of service in accordance with regulations adopted by the Ministerial
Conference.
4.
The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively
international in character. In the discharge of their duties, the Director-General and the staff of the
Secretariat shall not seek or accept instructions from any government or any other authority external
to the WTO. They shall refrain from any action which might adversely reflect on their position as
international officials. The Members of the WTO shall respect the international character of the
responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence
them in the discharge of their duties.
A rticle V II
Budget and Contributions
1.
The Director-General shall present to the Committee on Budget, Finance and Administration
the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance
and Administration shall review the annual budget estimate and the financial statement presented by
the Director-General and make recommendations thereon to the General Council. The annual budget
estimate shall be subject to approval by the General Council.
2.
The Committee on Budget, Finance and Administration shall propose to the General Council
financial regulations which shall include provisions setting out:
(a)
the scale of contributions apportioning the expenses of the WTO among its Members;
and
(b)
the measures to be taken in respect of Members in arrears.
The financial regulations shall be based, as far as practicable, on the regulations and practices of
GATT 1947.
3.
The General Council shall adopt the financial regulations and the annual budget estimate by
a two-thirds majority comprising more than half of the Members of the WTO.
4.
Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in
accordance with the financial regulations adopted by the General Council.
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A rticle V III
Status of the WTO
1.
The WTO shall have legal personality, and shall be accorded by each of its Members such
legal capacity as may be necessary for the exercise of its functions.
2.
The WTO shall be accorded by each of its Members such privileges and immunities as are
necessary for the exercise of its functions.
3.
The officials of the WTO and the representatives of the Members shall similarly be accorded
by each of its Members such privileges and immunities as are necessary for the independent exercise
of their functions in connection with the WTO.
4.
The privileges and immunities to be accorded by a Member to the WTO, its officials, and the
representatives of its Members shall be similar to the privileges and immunities stipulated in the
Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General
Assembly of the United Nations on 21 November 1947.
5.
The WTO may conclude a headquarters agreement.
A rticle IX
Decision-Making
1.
The WTO shall continue the practice of decision-making by consensus followed under
GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by consensus, the
matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General
Council, each Member of the WTO shall have one vote. Where the European Communities exercise
their right to vote, they shall have a number of votes equal to the number of their member States2 which
are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be
taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant
Multilateral Trade Agreement.3
2.
The Ministerial Conference and the General Council shall have the exclusive authority to adopt
interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an
interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the
basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision
to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph
shall not be used in a manner that would undermine the amendment provisions in Article X.
3.
In exceptional circumstances, the Ministerial Conference may decide to waive an obligation
imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that
1
The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no
Member, present at the meeting when the decision is taken, formally objects to the proposed decision.
2
The number of votes of the European Communities and their member States shall in no case exceed the number of the
member States of the European Communities.
3
Decisions by the General Council when convened as the Dispute Settlement Body shall be taken only in accordance
with the provisions of paragraph 4 of Article 2 of the Dispute Settlement Understanding.
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any such decision shall be taken by three fourths4 of the Members unless otherwise provided for in
this paragraph.
(a)
A request for a waiver concerning this Agreement shall be submitted to the Ministerial
Conference for consideration pursuant to the practice of decision-making by consensus.
The Ministerial Conference shall establish a time-period, which shall not exceed 90 days,
to consider the request. If consensus is not reached during the time-period, any decision
to grant a waiver shall be taken by three fourths4 of the Members.
(b)
A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1A
or 1B or 1C and their annexes shall be submitted initially to the Council for Trade in
Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for
consideration during a time-period which shall not exceed 90 days. At the end of the
time-period, the relevant Council shall submit a report to the Ministerial Conference.
4.
A decision by the Ministerial Conference granting a waiver shall state the exceptional
circumstances justifying the decision, the terms and conditions governing the application of the waiver,
and the date on which the waiver shall terminate. Any waiver granted for a period of more than one
year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine
whether the exceptional circumstances justifying the waiver still exist and whether the terms and
conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual
review, may extend, modify or terminate the waiver.
5.
Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and
waivers, shall be governed by the provisions of that Agreement.
A rticle X
A m endments
1.
Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement
or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial
Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial
Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements
in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a
longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial
Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members
for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that
decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached,
the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance.
If consensus is not reached at a meeting of the Ministerial Conference within the established period,
the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit
the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and
6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference
decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.
2.
Amendments to the provisions of this Article and to the provisions of the following Articles
shall take effect only upon acceptance by all Members:
4
A decision to grant a waiver in respect of any obligation subject to a transition period or a period for staged implementation
that the requesting Member has not performed by the end of the relevant period shall be taken only by consensus.
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Article IX of this Agreement;
Articles I and II of GATT 1994;
Article II:1 of GATS;
Article 4 of the Agreement on TRIPS.
3.
Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in
Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights
and obligations of the Members, shall take effect for the Members that have accepted them upon
acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by
it. The Ministerial Conference may decide by a three-fourths majority of the Members that any
amendment made effective under this paragraph is of such a nature that any Member which has not
accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw
from the WTO or to remain a Member with the consent of the Ministerial Conference.
4.
Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in
Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter
the rights and obligations of the Members, shall take effect for all Members upon acceptance by two
thirds of the Members.
5.
Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the
respective annexes shall take effect for the Members that have accepted them upon acceptance by two
thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference
may decide by a three-fourths majority of the Members that any amendment made effective under the
preceding provision is of such a nature that any Member which has not accepted it within a period
specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to
remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and
VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds
of the Members.
6.
Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS
meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial
Conference without further formal acceptance process.
7.
Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement
in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within
the period of acceptance specified by the Ministerial Conference.
8.
Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral
Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference.
The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made
by consensus and these amendments shall take effect for all Members upon approval by the Ministerial
Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall
take effect for all Members upon approval by the Ministerial Conference.
9.
The Ministerial Conference, upon the request of the Members parties to a trade agreement,
may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference,
upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that
Agreement from Annex 4.
10.
Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
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A rticle X I
Original Membership
1.
The contracting parties to GATT 1947 as of the date of entry into force of this Agreement,
and the European Communities, which accept this Agreement and the Multilateral Trade Agreements
and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which
Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.
2.
The least-developed countries recognized as such by the United Nations will only be required
to undertake commitments and concessions to the extent consistent with their individual development,
financial and trade needs or their administrative and institutional capabilities.
A rticle X II
A ccession
1.
Any State or separate customs territory possessing full autonomy in the conduct of its external
commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade
Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.
2.
Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference
shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the
WTO.
3.
Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
A rticle X III
Non-A pplication of Multilateral Trade A greements
between Particular Members
1.
This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply
as between any Member and any other Member if either of the Members, at the time either becomes
a Member, does not consent to such application.
2.
Paragraph 1 may be invoked between original Members of the WTO which were contracting
parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was
effective as between those contracting parties at the time of entry into force for them of this Agreement.
3.
Paragraph 1 shall apply between a Member and another Member which has acceded under
Article XII only if the Member not consenting to the application has so notified the Ministerial Conference
before the approval of the agreement on the terms of accession by the Ministerial Conference.
4.
The Ministerial Conference may review the operation of this Article in particular cases at the
request of any Member and make appropriate recommendations.
5.
Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be
governed by the provisions of that Agreement.
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A rticle X IV
A cceptance, Entry into Force and Deposit
1.
This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties
to GATT 1947, and the European Communities, which are eligible to become original Members of
the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this
Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral
Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance
with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade
Negotiations and shall remain open for acceptance for a period of two years following that date unless
the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall
enter into force on the 30th day following the date of such acceptance.
2.
A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period
of time starting with the entry into force of this Agreement as if it had accepted this Agreement on
the date of its entry into force.
3.
Until the entry into force of this Agreement, the text of this Agreement and the Multilateral
Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to
GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and
the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government
and the European Communities having accepted this Agreement. This Agreement and the Multilateral
Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement,
be deposited with the Director-General of the WTO.
4.
The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by
the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to
the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such
Agreements shall be deposited with the Director-General of the WTO.
A rticle X V
W ithdrawal
1.
Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this
Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months
from the date on which written notice of withdrawal is received by the Director-General of the WTO.
2.
Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
A rticle X V I
Miscellaneous Provisions
1.
Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the
WTO shall be guided by the decisions, procedures and customary practices followed by the
CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.
Page 18
2.
To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the
WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time
as the Ministerial Conference has appointed a Director-General in accordance with paragraph 2 of
Article VI of this Agreement, shall serve as Director-General of the WTO.
3.
In the event of a conflict between a provision of this Agreement and a provision of any of the
Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.
4.
Each Member shall ensure the conformity of its laws, regulations and administrative procedures
with its obligations as provided in the annexed Agreements.
5.
No reservations may be made in respect of any provision of this Agreement. Reservations
in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent
provided for in those Agreements. Reservations in respect of a provision of a Plurilateral Trade
Agreement shall be governed by the provisions of that Agreement.
6.
This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter
of the United Nations.
DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four,
in a single copy, in the English, French and Spanish languages, each text being authentic.
Explanatory Notes:
The terms "country" or "countries" as used in this Agreement and the Multilateral Trade Agreements are to be understood
to include any separate customs territory Member of the WTO.
In the case of a separate customs territory Member of the WTO, where an expression in this Agreement and the
Multilateral Trade Agreements is qualified by the term "national", such expression shall be read as pertaining to that customs
territory, unless otherwise specified.
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LIST OF ANNEXES
ANNEX 1
ANNEX 1A: Multilateral Agreements on Trade in Goods
General Agreement on Tariffs and Trade 1994
Agreement on Agriculture
Agreement on the Application of Sanitary and Phytosanitary Measures
Agreement on Textiles and Clothing
Agreement on Technical Barriers to Trade
Agreement on Trade-Related Investment Measures
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
Agreement on Preshipment Inspection
Agreement on Rules of Origin
Agreement on Import Licensing Procedures
Agreement on Subsidies and Countervailing Measures
Agreement on Safeguards
ANNEX 1B: General Agreement on Trade in Services and Annexes
ANNEX 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights
ANNEX 2
Understanding on Rules and Procedures Governing the Settlement of Disputes
ANNEX 3
Trade Policy Review Mechanism
ANNEX 4
Plurilateral Trade Agreements
Agreement on Trade in Civil Aircraft
Agreement on Government Procurement
International Dairy Agreement
International Bovine Meat Agreement
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ANNEX 1
ANNEX 1A
MULTILATERAL AGREEMENTS ON TRADE IN GOODS
General interpretative note to A nnex 1A :
In the event of conflict between a provision of the General Agreement on Tariffs and Trade 1994
and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade
Organization (referred to in the agreements in Annex 1A as the "WTO Agreement"), the provision of
the other agreement shall prevail to the extent of the conflict.
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GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
1.
The General Agreement on Tariffs and Trade 1994 ("GATT 1994") shall consist of:
(a)
the provisions in the General Agreement on Tariffs and Trade, dated 30 October 1947,
annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional
Application), as rectified, amended or modified by the terms of legal instruments which have entered
into force before the date of entry into force of the WTO Agreement;
(b)
the provisions of the legal instruments set forth below that have entered into force under
the GATT 1947 before the date of entry into force of the WTO Agreement:
(c)
(d)
(i)
protocols and certifications relating to tariff concessions;
(ii)
protocols of accession (excluding the provisions (a) concerning provisional
application and withdrawal of provisional application and (b) providing that
Part II of GATT 1947 shall be applied provisionally to the fullest extent not
inconsistent with legislation existing on the date of the Protocol);
(iii)
decisions on waivers granted under Article XXV of GATT 1947 and still in
force on the date of entry into force of the WTO Agreement1;
(iv)
other decisions of the CONTRACTING PARTIES to GATT 1947;
the Understandings set forth below:
(i)
Understanding on the Interpretation of Article II:1(b) of the General Agreement
on Tariffs and Trade 1994;
(ii)
Understanding on the Interpretation of Article XVII of the General Agreement
on Tariffs and Trade 1994;
(iii)
Understanding on Balance-of-Payments Provisions of the General Agreement
on Tariffs and Trade 1994;
(iv)
Understanding on the Interpretation of Article XXIV of the General Agreement
on Tariffs and Trade 1994;
(v)
Understanding in Respect of Waivers of Obligations under the General
Agreement on Tariffs and Trade 1994;
(vi)
Understanding on the Interpretation of Article XXVIII of the General Agreement
on Tariffs and Trade 1994; and
the Marrakesh Protocol to GATT 1994.
1
The waivers covered by this provision are listed in footnote 7 on pages 11 and 12 in Part II of document MTN/FA of
15 December 1993 and in MTN/FA/Corr.6 of 21 March 1994. The Ministerial Conference shall establish at its first session
a revised list of waivers covered by this provision that adds any waivers granted under GATT 1947 after 15 December 1993
and before the date of entry into force of the WTO Agreement, and deletes the waivers which will have expired by that time.
Page 24
2.
Explanatory Notes
(a)
The references to "contracting party" in the provisions of GATT 1994 shall be deemed
to read "Member". The references to "less-developed contracting party" and "developed contracting
party" shall be deemed to read "developing country Member" and "developed country Member". The
references to "Executive Secretary" shall be deemed to read "Director-General of the WTO".
(b)
The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2,
XV:8, XXXVIII and the Notes A d Article XII and XVIII; and in the provisions on special exchange
agreements in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be
references to the WTO. The other functions that the provisions of GATT 1994 assign to the
CONTRACTING PARTIES acting jointly shall be allocated by the Ministerial Conference.
(c)
(i)
The text of GATT 1994 shall be authentic in English, French and Spanish.
(ii)
The text of GATT 1994 in the French language shall be subject to the
rectifications of terms indicated in Annex A to document MTN.TNC/41.
(iii)
The authentic text of GATT 1994 in the Spanish language shall be the text
in Volume IV of the Basic Instruments and Selected Documents series, subject
to the rectifications of terms indicated in Annex B to document MTN.TNC/41.
3.
(a)
The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member
under specific mandatory legislation, enacted by that Member before it became a contracting party to
GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in
commercial applications between points in national waters or the waters of an exclusive economic zone.
This exemption applies to: (a) the continuation or prompt renewal of a non-conforming provision of
such legislation; and (b) the amendment to a non-conforming provision of such legislation to the extent
that the amendment does not decrease the conformity of the provision with Part II of GATT 1947.
This exemption is limited to measures taken under legislation described above that is notified and
specified prior to the date of entry into force of the WTO Agreement. If such legislation is subsequently
modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for coverage
under this paragraph.
(b)
The Ministerial Conference shall review this exemption not later than five years after
the date of entry into force of the WTO Agreement and thereafter every two years for as long as the
exemption is in force for the purpose of examining whether the conditions which created the need for
the exemption still prevail.
(c)
A Member whose measures are covered by this exemption shall annually submit a detailed
statistical notification consisting of a five-year moving average of actual and expected deliveries of
relevant vessels as well as additional information on the use, sale, lease or repair of relevant vessels
covered by this exemption.
(d)
A Member that considers that this exemption operates in such a manner as to justify
a reciprocal and proportionate limitation on the use, sale, lease or repair of vessels constructed in the
territory of the Member invoking the exemption shall be free to introduce such a limitation subject
to prior notification to the Ministerial Conference.
(e)
This exemption is without prejudice to solutions concerning specific aspects of the
legislation covered by this exemption negotiated in sectoral agreements or in other fora.
Page 25
UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b)
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Members hereby agree as follows:
1.
In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b)
of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred
to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against
the tariff item to which they apply. It is understood that such recording does not change the legal
character of "other duties or charges".
2.
The date as of which "other duties or charges" are bound, for the purposes of Article II, shall
be 15 April 1994. "Other duties or charges" shall therefore be recorded in the Schedules at the levels
applying on this date. At each subsequent renegotiation of a concession or negotiation of a new
concession the applicable date for the tariff item in question shall become the date of the incorporation
of the new concession in the appropriate Schedule. However, the date of the instrument by which a
concession on any particular tariff item was first incorporated into GATT 1947 or GATT 1994 shall
also continue to be recorded in column 6 of the Loose-Leaf Schedules.
3.
"Other duties or charges" shall be recorded in respect of all tariff bindings.
4.
Where a tariff item has previously been the subject of a concession, the level of "other duties
or charges" recorded in the appropriate Schedule shall not be higher than the level obtaining at the
time of the first incorporation of the concession in that Schedule. It will be open to any Member to
challenge the existence of an "other duty or charge", on the ground that no such "other duty or charge"
existed at the time of the original binding of the item in question, as well as the consistency of the
recorded level of any "other duty or charge" with the previously bound level, for a period of three years
after the date of entry into force of the WTO Agreement or three years after the date of deposit with
the Director-General of the WTO of the instrument incorporating the Schedule in question into
GATT 1994, if that is a later date.
5.
The recording of "other duties or charges" in the Schedules is without prejudice to their
consistency with rights and obligations under GATT 1994 other than those affected by paragraph 4.
All Members retain the right to challenge, at any time, the consistency of any "other duty or charge"
with such obligations.
6.
For the purposes of this Understanding, the provisions of Articles XXII and XXIII of GATT 1994
as elaborated and applied by the Dispute Settlement Understanding shall apply.
7.
"Other duties or charges" omitted from a Schedule at the time of deposit of the instrument
incorporating the Schedule in question into GATT 1994 with, until the date of entry into force of the
WTO Agreement, the Director-General to the CONTRACTING PARTIES to GATT 1947 or, thereafter,
with the Director-General of the WTO, shall not subsequently be added to it and any "other duty or
charge" recorded at a level lower than that prevailing on the applicable date shall not be restored to
that level unless such additions or changes are made within six months of the date of deposit of the
instrument.
8.
The decision in paragraph 2 regarding the date applicable to each concession for the purposes
of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable date
taken on 26 March 1980 (BISD 27S/24).
Page 27
UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Mem bers,
Noting that Article XVII provides for obligations on Mem bers in respect of the activities
of the state trading enterprises referred to in paragraph 1 of Article XVII, which are required
to be consistent with the general principles of non-discrim inatory treatm ent prescribed in
GATT 1994 for governm ental m easures affecting im ports or exports by private traders;
Noting further that Mem bers are subject to their GATT 1994 obligation s in respect of
those governm ental m easures affecting state trading enterprises;
Recognizing that this Understanding is without prejudice to the substantive disciplines
prescribed in Article XVII;
H ereby agree as follows:
1.
In order to ensure the transparency of the activities of state trading enterprises, Members
shall notify such enterprises to the Council for Trade in Goods, for review by the working party
to be set up under paragraph 5, in accordance with the following working definition:
"Governm ental and non-governm ental enterprises, including m arketing boards, which
have been granted exclusive or special rights or privileges, including statutory or
constitutional powers, in the exercise of which they influence through their purchases
or sales the level or direction of im ports or exports."
This notification requirem ent does not apply to im ports of products for im m ediate or ultim ate
consumption in governmental use or in use by an enterprise as specified above and not otherwise
for resale or use in the production of goods for sale.
2.
Each Mem ber shall con duct a review of its policy with regard to the subm ission of
notifications on state trading enterprises to the Council for Trade in Goods, taking account
of the provisions of this Understanding. In carrying out such a review, each Mem ber should
have regard to the need to ensure the m axim um transparency possible in its notifications so
as to perm it a clear appreciation of the m anner of operation of the enterprises notified and
the effect of their operations on international trade.
3.
Notifications shall be made in accordance with the questionnaire on state trading adopted
on 24 May 1960 (BISD 9S/ 18 4-18 5), it being understood that Mem bers shall notify the
en terprises referred to in paragraph 1 whether or n ot im ports or exports have in fact taken
place.
4.
An y Mem ber which has reason to believe that an other Mem ber has n ot adequately m et
its notification obligation m ay raise the m atter with the Mem ber concerned. If the m atter
is not satisfactorily resolved it m ay m ake a counter-notification to the Council for Trade in
Goods, for consideration by the working party set up under paragraph 5, sim ultaneously
inform ing the Mem ber concerned.
5.
A working party shall be set up, on behalf of the Council for Trade in Goods, to review
notifications and counter-notifications. In the light of this review and without prejudice to
paragraph 4(c) of Article XVII, the Council for Trade in Goods m ay m ake recom m endations
Page 28
with regard to the adequacy of notifications and the need for further inform ation. The working
party shall also review, in the light of the notifications received, the adequacy of the abovem entioned questionnaire on state trading and the coverage of state trading enterprises notified
under paragraph 1. It shall also develop an illustrative list showing the kinds of relationships
between governm ents and enterprises, and the kinds of activities, engaged in by these
enterprises, which m ay be relevant for the purposes of Article XVII. It is un derstood that the
Secretariat will provide a general background paper for the working party on the operations
of state trading enterprises as they relate to international trade. Mem bership of the workin g
party shall be open to all Mem bers indicating their wish to serve on it. It shall m eet within
a year of the date of en try in to force of the WTO Agreem en t an d thereafter at least on ce a
year. It shall report annually to the Council for Trade in Goods.1
1
The activities of this working party shall be coordinated with those of the working group provided for in Section III
of the Ministerial Decision on Notification Procedures adopted on 15 April 1994.
Page 29
UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONS
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Mem bers,
Recognizing the provision s of Articles XII and XVIII:B of GATT 1994 an d of the
Declaration on Trade Measures Taken for Balance-of-Paym ents Purposes adopted on 28
November 1979 (BISD 26S/ 205-209, referred to in this Understanding as the "1979 Declaration")
and in order to clarify such provisions 1;
H ereby agree as follows:
Application of Measures
1.
Mem bers confirm their com m itm ent to announce publicly, as soon as possible, tim eschedules for the removal of restrictive import measures taken for balance-of-payments purposes.
It is understood that such tim e-schedules m ay be m odified as appropriate to take into account
changes in the balance-of-paym ents situation. When ever a tim e-schedule is not publicly
announced by a Mem ber, that Mem ber shall provide justification as to the reasons therefor.
2.
Mem bers con firm their com m itm en t to give preferen ce to those m easures which have
the least disruptive effect on trade. Such m easures (referred to in this Understanding as "pricebased measures") shall be understood to include import surcharges, import deposit requirements
or other equivalent trade m easures with an im pact on the price of im ported goods. It is
un derstood that, n otwithstan din g the provision s of Article II, price-based m easures taken for
balance-of-paym ents purposes m ay be applied by a Mem ber in excess of the duties inscribed
in the Schedule of that Mem ber. Furtherm ore, that Mem ber shall in dicate the am oun t by which
the price-based m easure exceeds the bound duty clearly and separately under the notification
procedures of this Understanding.
3.
Mem bers shall seek to avoid the im position of new quantitative restrictions for balanceof-paym ents purposes unless, because of a critical balance-of-paym ents situation, price-based
m easures cannot arrest a sharp deterioration in the external paym ents position. In those cases
in which a Member applies quantitative restrictions, it shall provide justifica
FINAL ACT EMBODYING THE RESULTS OF THE
URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS
1.
Having met in order to conclude the Uruguay Round of Multilateral Trade Negotiations,
representatives of the governments and of the European Communities, members of the Trade Negotiations
Committee, agree that the Agreement Establishing the World Trade Organization (referred to in this
Final Act as the "WTO Agreement"), the Ministerial Declarations and Decisions, and the Understanding
on Commitments in Financial Services, as annexed hereto, embody the results of their negotiations
and form an integral part of this Final Act.
2.
By signing the present Final Act, the representatives agree
(a)
to submit, as appropriate, the WTO Agreement for the consideration of their respective
competent authorities with a view to seeking approval of the Agreement in accordance
with their procedures; and
(b)
to adopt the Ministerial Declarations and Decisions.
3.
The representatives agree on the desirability of acceptance of the WTO Agreement by all
participants in the Uruguay Round of Multilateral Trade Negotiations (hereinafter referred to as
"participants") with a view to its entry into force by 1 January 1995, or as early as possible thereafter.
Not later than late 1994, Ministers will meet, in accordance with the final paragraph of the Punta del
Este Ministerial Declaration, to decide on the international implementation of the results, including
the timing of their entry into force.
4.
The representatives agree that the WTO Agreement shall be open for acceptance as a whole,
by signature or otherwise, by all participants pursuant to Article XIV thereof. The acceptance and entry
into force of a Plurilateral Trade Agreement included in Annex 4 of the WTO Agreement shall be
governed by the provisions of that Plurilateral Trade Agreement.
5.
Before accepting the WTO Agreement, participants which are not contracting parties to the
General Agreement on Tariffs and Trade must first have concluded negotiations for their accession
to the General Agreement and become contracting parties thereto. For participants which are not
contracting parties to the General Agreement as of the date of the Final Act, the Schedules are not
definitive and shall be subsequently completed for the purpose of their accession to the General
Agreement and acceptance of the WTO Agreement.
6.
This Final Act and the texts annexed hereto shall be deposited with the Director-General to
the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade who shall promptly
furnish to each participant a certified copy thereof.
DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four,
in a single copy, in the English, French and Spanish languages, each text being authentic.
[List of signatures to be included in the treaty copy of the Final Act for signature]
Page 9
AGREEMENT ESTABLISHING THE
WORLD TRADE ORGANIZATION
The Parties to this Agreement,
Recognizing that their relations in the field of trade and economic endeavour should be conducted
with a view to raising standards of living, ensuring full employment and a large and steadily growing
volume of real income and effective demand, and expanding the production of and trade in goods and
services, while allowing for the optimal use of the world's resources in accordance with the objective
of sustainable development, seeking both to protect and preserve the environment and to enhance the
means for doing so in a manner consistent with their respective needs and concerns at different levels
of economic development,
Recognizing further that there is need for positive efforts designed to ensure that developing
countries, and especially the least developed among them, secure a share in the growth in international
trade commensurate with the needs of their economic development,
Being desirous of contributing to these objectives by entering into reciprocal and mutually
advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade
and to the elimination of discriminatory treatment in international trade relations,
Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system
encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts,
and all of the results of the Uruguay Round of Multilateral Trade Negotiations,
Determined to preserve the basic principles and to further the objectives underlying this
multilateral trading system,
A gree as follows:
A rticle I
Establishment of the Organization
The World Trade Organization (hereinafter referred to as "the WTO") is hereby established.
A rticle II
Scope of the WTO
1.
The WTO shall provide the common institutional framework for the conduct of trade relations
among its Members in matters related to the agreements and associated legal instruments included in
the Annexes to this Agreement.
2.
The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter
referred to as "Multilateral Trade Agreements") are integral parts of this Agreement, binding on all
Members.
3.
The agreements and associated legal instruments included in Annex 4 (hereinafter referred
to as "Plurilateral Trade Agreements") are also part of this Agreement for those Members that have
Page 10
accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create
either obligations or rights for Members that have not accepted them.
4.
The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred
to as "GATT 1994") is legally distinct from the General Agreement on Tariffs and Trade, dated
30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the
Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently
rectified, amended or modified (hereinafter referred to as "GATT 1947").
A rticle III
Functions of the WTO
1.
The WTO shall facilitate the implementation, administration and operation, and further the
objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the
framework for the implementation, administration and operation of the Plurilateral Trade Agreements.
2.
The WTO shall provide the forum for negotiations among its Members concerning their
multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement.
The WTO may also provide a forum for further negotiations among its Members concerning their
multilateral trade relations, and a framework for the implementation of the results of such negotiations,
as may be decided by the Ministerial Conference.
3.
The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement
of Disputes (hereinafter referred to as the "Dispute Settlement Understanding" or "DSU") in Annex 2
to this Agreement.
4.
The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the
"TPRM") provided for in Annex 3 to this Agreement.
5.
With a view to achieving greater coherence in global economic policy-making, the WTO shall
cooperate, as appropriate, with the International Monetary Fund and with the International Bank for
Reconstruction and Development and its affiliated agencies.
A rticle IV
Structure of the WTO
1.
There shall be a Ministerial Conference composed of representatives of all the Members, which
shall meet at least once every two years. The Ministerial Conference shall carry out the functions of
the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority
to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by
a Member, in accordance with the specific requirements for decision-making in this Agreement and
in the relevant Multilateral Trade Agreement.
2.
There shall be a General Council composed of representatives of all the Members, which shall
meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions
shall be conducted by the General Council. The General Council shall also carry out the functions
assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve
the rules of procedure for the Committees provided for in paragraph 7.
Page 11
3.
The General Council shall convene as appropriate to discharge the responsibilities of the Dispute
Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body
may have its own chairman and shall establish such rules of procedure as it deems necessary for the
fulfilment of those responsibilities.
4.
The General Council shall convene as appropriate to discharge the responsibilities of the Trade
Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own
chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those
responsibilities.
5.
There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council
for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Council for
TRIPS"), which shall operate under the general guidance of the General Council. The Council for Trade
in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council
for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services
(hereinafter referred to as "GATS"). The Council for TRIPS shall oversee the functioning of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the
"Agreement on TRIPS"). These Councils shall carry out the functions assigned to them by their respective
agreements and by the General Council. They shall establish their respective rules of procedure subject
to the approval of the General Council. Membership in these Councils shall be open to representatives
of all Members. These Councils shall meet as necessary to carry out their functions.
6.
The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS
shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective
rules of procedure subject to the approval of their respective Councils.
7.
The Ministerial Conference shall establish a Committee on Trade and Development, a Committee
on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which
shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade
Agreements, and any additional functions assigned to them by the General Council, and may establish
such additional Committees with such functions as it may deem appropriate. As part of its functions,
the Committee on Trade and Development shall periodically review the special provisions in the
Multilateral Trade Agreements in favour of the least-developed country Members and report to the
General Council for appropriate action. Membership in these Committees shall be open to representatives
of all Members.
8.
The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions
assigned to them under those Agreements and shall operate within the institutional framework of the
WTO. These bodies shall keep the General Council informed of their activities on a regular basis.
A rticle V
Relations with Other Organizations
1.
The General Council shall make appropriate arrangements for effective cooperation with other
intergovernmental organizations that have responsibilities related to those of the WTO.
2.
The General Council may make appropriate arrangements for consultation and cooperation with
non-governmental organizations concerned with matters related to those of the WTO.
Page 12
A rticle V I
The Secretariat
1.
There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed
by a Director-General.
2.
The Ministerial Conference shall appoint the Director-General and adopt regulations setting
out the powers, duties, conditions of service and term of office of the Director-General.
3.
The Director-General shall appoint the members of the staff of the Secretariat and determine
their duties and conditions of service in accordance with regulations adopted by the Ministerial
Conference.
4.
The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively
international in character. In the discharge of their duties, the Director-General and the staff of the
Secretariat shall not seek or accept instructions from any government or any other authority external
to the WTO. They shall refrain from any action which might adversely reflect on their position as
international officials. The Members of the WTO shall respect the international character of the
responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence
them in the discharge of their duties.
A rticle V II
Budget and Contributions
1.
The Director-General shall present to the Committee on Budget, Finance and Administration
the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance
and Administration shall review the annual budget estimate and the financial statement presented by
the Director-General and make recommendations thereon to the General Council. The annual budget
estimate shall be subject to approval by the General Council.
2.
The Committee on Budget, Finance and Administration shall propose to the General Council
financial regulations which shall include provisions setting out:
(a)
the scale of contributions apportioning the expenses of the WTO among its Members;
and
(b)
the measures to be taken in respect of Members in arrears.
The financial regulations shall be based, as far as practicable, on the regulations and practices of
GATT 1947.
3.
The General Council shall adopt the financial regulations and the annual budget estimate by
a two-thirds majority comprising more than half of the Members of the WTO.
4.
Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in
accordance with the financial regulations adopted by the General Council.
Page 13
A rticle V III
Status of the WTO
1.
The WTO shall have legal personality, and shall be accorded by each of its Members such
legal capacity as may be necessary for the exercise of its functions.
2.
The WTO shall be accorded by each of its Members such privileges and immunities as are
necessary for the exercise of its functions.
3.
The officials of the WTO and the representatives of the Members shall similarly be accorded
by each of its Members such privileges and immunities as are necessary for the independent exercise
of their functions in connection with the WTO.
4.
The privileges and immunities to be accorded by a Member to the WTO, its officials, and the
representatives of its Members shall be similar to the privileges and immunities stipulated in the
Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General
Assembly of the United Nations on 21 November 1947.
5.
The WTO may conclude a headquarters agreement.
A rticle IX
Decision-Making
1.
The WTO shall continue the practice of decision-making by consensus followed under
GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by consensus, the
matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General
Council, each Member of the WTO shall have one vote. Where the European Communities exercise
their right to vote, they shall have a number of votes equal to the number of their member States2 which
are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be
taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant
Multilateral Trade Agreement.3
2.
The Ministerial Conference and the General Council shall have the exclusive authority to adopt
interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an
interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the
basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision
to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph
shall not be used in a manner that would undermine the amendment provisions in Article X.
3.
In exceptional circumstances, the Ministerial Conference may decide to waive an obligation
imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that
1
The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no
Member, present at the meeting when the decision is taken, formally objects to the proposed decision.
2
The number of votes of the European Communities and their member States shall in no case exceed the number of the
member States of the European Communities.
3
Decisions by the General Council when convened as the Dispute Settlement Body shall be taken only in accordance
with the provisions of paragraph 4 of Article 2 of the Dispute Settlement Understanding.
Page 14
any such decision shall be taken by three fourths4 of the Members unless otherwise provided for in
this paragraph.
(a)
A request for a waiver concerning this Agreement shall be submitted to the Ministerial
Conference for consideration pursuant to the practice of decision-making by consensus.
The Ministerial Conference shall establish a time-period, which shall not exceed 90 days,
to consider the request. If consensus is not reached during the time-period, any decision
to grant a waiver shall be taken by three fourths4 of the Members.
(b)
A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1A
or 1B or 1C and their annexes shall be submitted initially to the Council for Trade in
Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for
consideration during a time-period which shall not exceed 90 days. At the end of the
time-period, the relevant Council shall submit a report to the Ministerial Conference.
4.
A decision by the Ministerial Conference granting a waiver shall state the exceptional
circumstances justifying the decision, the terms and conditions governing the application of the waiver,
and the date on which the waiver shall terminate. Any waiver granted for a period of more than one
year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine
whether the exceptional circumstances justifying the waiver still exist and whether the terms and
conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual
review, may extend, modify or terminate the waiver.
5.
Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and
waivers, shall be governed by the provisions of that Agreement.
A rticle X
A m endments
1.
Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement
or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial
Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial
Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements
in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a
longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial
Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members
for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that
decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached,
the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance.
If consensus is not reached at a meeting of the Ministerial Conference within the established period,
the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit
the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and
6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference
decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.
2.
Amendments to the provisions of this Article and to the provisions of the following Articles
shall take effect only upon acceptance by all Members:
4
A decision to grant a waiver in respect of any obligation subject to a transition period or a period for staged implementation
that the requesting Member has not performed by the end of the relevant period shall be taken only by consensus.
Page 15
Article IX of this Agreement;
Articles I and II of GATT 1994;
Article II:1 of GATS;
Article 4 of the Agreement on TRIPS.
3.
Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in
Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights
and obligations of the Members, shall take effect for the Members that have accepted them upon
acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by
it. The Ministerial Conference may decide by a three-fourths majority of the Members that any
amendment made effective under this paragraph is of such a nature that any Member which has not
accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw
from the WTO or to remain a Member with the consent of the Ministerial Conference.
4.
Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in
Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter
the rights and obligations of the Members, shall take effect for all Members upon acceptance by two
thirds of the Members.
5.
Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the
respective annexes shall take effect for the Members that have accepted them upon acceptance by two
thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference
may decide by a three-fourths majority of the Members that any amendment made effective under the
preceding provision is of such a nature that any Member which has not accepted it within a period
specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to
remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and
VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds
of the Members.
6.
Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS
meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial
Conference without further formal acceptance process.
7.
Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement
in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within
the period of acceptance specified by the Ministerial Conference.
8.
Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral
Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference.
The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made
by consensus and these amendments shall take effect for all Members upon approval by the Ministerial
Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall
take effect for all Members upon approval by the Ministerial Conference.
9.
The Ministerial Conference, upon the request of the Members parties to a trade agreement,
may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference,
upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that
Agreement from Annex 4.
10.
Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
Page 16
A rticle X I
Original Membership
1.
The contracting parties to GATT 1947 as of the date of entry into force of this Agreement,
and the European Communities, which accept this Agreement and the Multilateral Trade Agreements
and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which
Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.
2.
The least-developed countries recognized as such by the United Nations will only be required
to undertake commitments and concessions to the extent consistent with their individual development,
financial and trade needs or their administrative and institutional capabilities.
A rticle X II
A ccession
1.
Any State or separate customs territory possessing full autonomy in the conduct of its external
commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade
Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.
2.
Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference
shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the
WTO.
3.
Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
A rticle X III
Non-A pplication of Multilateral Trade A greements
between Particular Members
1.
This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply
as between any Member and any other Member if either of the Members, at the time either becomes
a Member, does not consent to such application.
2.
Paragraph 1 may be invoked between original Members of the WTO which were contracting
parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was
effective as between those contracting parties at the time of entry into force for them of this Agreement.
3.
Paragraph 1 shall apply between a Member and another Member which has acceded under
Article XII only if the Member not consenting to the application has so notified the Ministerial Conference
before the approval of the agreement on the terms of accession by the Ministerial Conference.
4.
The Ministerial Conference may review the operation of this Article in particular cases at the
request of any Member and make appropriate recommendations.
5.
Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be
governed by the provisions of that Agreement.
Page 17
A rticle X IV
A cceptance, Entry into Force and Deposit
1.
This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties
to GATT 1947, and the European Communities, which are eligible to become original Members of
the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this
Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral
Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance
with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade
Negotiations and shall remain open for acceptance for a period of two years following that date unless
the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall
enter into force on the 30th day following the date of such acceptance.
2.
A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period
of time starting with the entry into force of this Agreement as if it had accepted this Agreement on
the date of its entry into force.
3.
Until the entry into force of this Agreement, the text of this Agreement and the Multilateral
Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to
GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and
the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government
and the European Communities having accepted this Agreement. This Agreement and the Multilateral
Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement,
be deposited with the Director-General of the WTO.
4.
The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by
the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to
the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such
Agreements shall be deposited with the Director-General of the WTO.
A rticle X V
W ithdrawal
1.
Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this
Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months
from the date on which written notice of withdrawal is received by the Director-General of the WTO.
2.
Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that
Agreement.
A rticle X V I
Miscellaneous Provisions
1.
Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the
WTO shall be guided by the decisions, procedures and customary practices followed by the
CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.
Page 18
2.
To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the
WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time
as the Ministerial Conference has appointed a Director-General in accordance with paragraph 2 of
Article VI of this Agreement, shall serve as Director-General of the WTO.
3.
In the event of a conflict between a provision of this Agreement and a provision of any of the
Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.
4.
Each Member shall ensure the conformity of its laws, regulations and administrative procedures
with its obligations as provided in the annexed Agreements.
5.
No reservations may be made in respect of any provision of this Agreement. Reservations
in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent
provided for in those Agreements. Reservations in respect of a provision of a Plurilateral Trade
Agreement shall be governed by the provisions of that Agreement.
6.
This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter
of the United Nations.
DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four,
in a single copy, in the English, French and Spanish languages, each text being authentic.
Explanatory Notes:
The terms "country" or "countries" as used in this Agreement and the Multilateral Trade Agreements are to be understood
to include any separate customs territory Member of the WTO.
In the case of a separate customs territory Member of the WTO, where an expression in this Agreement and the
Multilateral Trade Agreements is qualified by the term "national", such expression shall be read as pertaining to that customs
territory, unless otherwise specified.
Page 19
LIST OF ANNEXES
ANNEX 1
ANNEX 1A: Multilateral Agreements on Trade in Goods
General Agreement on Tariffs and Trade 1994
Agreement on Agriculture
Agreement on the Application of Sanitary and Phytosanitary Measures
Agreement on Textiles and Clothing
Agreement on Technical Barriers to Trade
Agreement on Trade-Related Investment Measures
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
Agreement on Preshipment Inspection
Agreement on Rules of Origin
Agreement on Import Licensing Procedures
Agreement on Subsidies and Countervailing Measures
Agreement on Safeguards
ANNEX 1B: General Agreement on Trade in Services and Annexes
ANNEX 1C: Agreement on Trade-Related Aspects of Intellectual Property Rights
ANNEX 2
Understanding on Rules and Procedures Governing the Settlement of Disputes
ANNEX 3
Trade Policy Review Mechanism
ANNEX 4
Plurilateral Trade Agreements
Agreement on Trade in Civil Aircraft
Agreement on Government Procurement
International Dairy Agreement
International Bovine Meat Agreement
Page 21
ANNEX 1
ANNEX 1A
MULTILATERAL AGREEMENTS ON TRADE IN GOODS
General interpretative note to A nnex 1A :
In the event of conflict between a provision of the General Agreement on Tariffs and Trade 1994
and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade
Organization (referred to in the agreements in Annex 1A as the "WTO Agreement"), the provision of
the other agreement shall prevail to the extent of the conflict.
Page 23
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
1.
The General Agreement on Tariffs and Trade 1994 ("GATT 1994") shall consist of:
(a)
the provisions in the General Agreement on Tariffs and Trade, dated 30 October 1947,
annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional
Application), as rectified, amended or modified by the terms of legal instruments which have entered
into force before the date of entry into force of the WTO Agreement;
(b)
the provisions of the legal instruments set forth below that have entered into force under
the GATT 1947 before the date of entry into force of the WTO Agreement:
(c)
(d)
(i)
protocols and certifications relating to tariff concessions;
(ii)
protocols of accession (excluding the provisions (a) concerning provisional
application and withdrawal of provisional application and (b) providing that
Part II of GATT 1947 shall be applied provisionally to the fullest extent not
inconsistent with legislation existing on the date of the Protocol);
(iii)
decisions on waivers granted under Article XXV of GATT 1947 and still in
force on the date of entry into force of the WTO Agreement1;
(iv)
other decisions of the CONTRACTING PARTIES to GATT 1947;
the Understandings set forth below:
(i)
Understanding on the Interpretation of Article II:1(b) of the General Agreement
on Tariffs and Trade 1994;
(ii)
Understanding on the Interpretation of Article XVII of the General Agreement
on Tariffs and Trade 1994;
(iii)
Understanding on Balance-of-Payments Provisions of the General Agreement
on Tariffs and Trade 1994;
(iv)
Understanding on the Interpretation of Article XXIV of the General Agreement
on Tariffs and Trade 1994;
(v)
Understanding in Respect of Waivers of Obligations under the General
Agreement on Tariffs and Trade 1994;
(vi)
Understanding on the Interpretation of Article XXVIII of the General Agreement
on Tariffs and Trade 1994; and
the Marrakesh Protocol to GATT 1994.
1
The waivers covered by this provision are listed in footnote 7 on pages 11 and 12 in Part II of document MTN/FA of
15 December 1993 and in MTN/FA/Corr.6 of 21 March 1994. The Ministerial Conference shall establish at its first session
a revised list of waivers covered by this provision that adds any waivers granted under GATT 1947 after 15 December 1993
and before the date of entry into force of the WTO Agreement, and deletes the waivers which will have expired by that time.
Page 24
2.
Explanatory Notes
(a)
The references to "contracting party" in the provisions of GATT 1994 shall be deemed
to read "Member". The references to "less-developed contracting party" and "developed contracting
party" shall be deemed to read "developing country Member" and "developed country Member". The
references to "Executive Secretary" shall be deemed to read "Director-General of the WTO".
(b)
The references to the CONTRACTING PARTIES acting jointly in Articles XV:1, XV:2,
XV:8, XXXVIII and the Notes A d Article XII and XVIII; and in the provisions on special exchange
agreements in Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be
references to the WTO. The other functions that the provisions of GATT 1994 assign to the
CONTRACTING PARTIES acting jointly shall be allocated by the Ministerial Conference.
(c)
(i)
The text of GATT 1994 shall be authentic in English, French and Spanish.
(ii)
The text of GATT 1994 in the French language shall be subject to the
rectifications of terms indicated in Annex A to document MTN.TNC/41.
(iii)
The authentic text of GATT 1994 in the Spanish language shall be the text
in Volume IV of the Basic Instruments and Selected Documents series, subject
to the rectifications of terms indicated in Annex B to document MTN.TNC/41.
3.
(a)
The provisions of Part II of GATT 1994 shall not apply to measures taken by a Member
under specific mandatory legislation, enacted by that Member before it became a contracting party to
GATT 1947, that prohibits the use, sale or lease of foreign-built or foreign-reconstructed vessels in
commercial applications between points in national waters or the waters of an exclusive economic zone.
This exemption applies to: (a) the continuation or prompt renewal of a non-conforming provision of
such legislation; and (b) the amendment to a non-conforming provision of such legislation to the extent
that the amendment does not decrease the conformity of the provision with Part II of GATT 1947.
This exemption is limited to measures taken under legislation described above that is notified and
specified prior to the date of entry into force of the WTO Agreement. If such legislation is subsequently
modified to decrease its conformity with Part II of GATT 1994, it will no longer qualify for coverage
under this paragraph.
(b)
The Ministerial Conference shall review this exemption not later than five years after
the date of entry into force of the WTO Agreement and thereafter every two years for as long as the
exemption is in force for the purpose of examining whether the conditions which created the need for
the exemption still prevail.
(c)
A Member whose measures are covered by this exemption shall annually submit a detailed
statistical notification consisting of a five-year moving average of actual and expected deliveries of
relevant vessels as well as additional information on the use, sale, lease or repair of relevant vessels
covered by this exemption.
(d)
A Member that considers that this exemption operates in such a manner as to justify
a reciprocal and proportionate limitation on the use, sale, lease or repair of vessels constructed in the
territory of the Member invoking the exemption shall be free to introduce such a limitation subject
to prior notification to the Ministerial Conference.
(e)
This exemption is without prejudice to solutions concerning specific aspects of the
legislation covered by this exemption negotiated in sectoral agreements or in other fora.
Page 25
UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b)
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Members hereby agree as follows:
1.
In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b)
of Article II, the nature and level of any "other duties or charges" levied on bound tariff items, as referred
to in that provision, shall be recorded in the Schedules of concessions annexed to GATT 1994 against
the tariff item to which they apply. It is understood that such recording does not change the legal
character of "other duties or charges".
2.
The date as of which "other duties or charges" are bound, for the purposes of Article II, shall
be 15 April 1994. "Other duties or charges" shall therefore be recorded in the Schedules at the levels
applying on this date. At each subsequent renegotiation of a concession or negotiation of a new
concession the applicable date for the tariff item in question shall become the date of the incorporation
of the new concession in the appropriate Schedule. However, the date of the instrument by which a
concession on any particular tariff item was first incorporated into GATT 1947 or GATT 1994 shall
also continue to be recorded in column 6 of the Loose-Leaf Schedules.
3.
"Other duties or charges" shall be recorded in respect of all tariff bindings.
4.
Where a tariff item has previously been the subject of a concession, the level of "other duties
or charges" recorded in the appropriate Schedule shall not be higher than the level obtaining at the
time of the first incorporation of the concession in that Schedule. It will be open to any Member to
challenge the existence of an "other duty or charge", on the ground that no such "other duty or charge"
existed at the time of the original binding of the item in question, as well as the consistency of the
recorded level of any "other duty or charge" with the previously bound level, for a period of three years
after the date of entry into force of the WTO Agreement or three years after the date of deposit with
the Director-General of the WTO of the instrument incorporating the Schedule in question into
GATT 1994, if that is a later date.
5.
The recording of "other duties or charges" in the Schedules is without prejudice to their
consistency with rights and obligations under GATT 1994 other than those affected by paragraph 4.
All Members retain the right to challenge, at any time, the consistency of any "other duty or charge"
with such obligations.
6.
For the purposes of this Understanding, the provisions of Articles XXII and XXIII of GATT 1994
as elaborated and applied by the Dispute Settlement Understanding shall apply.
7.
"Other duties or charges" omitted from a Schedule at the time of deposit of the instrument
incorporating the Schedule in question into GATT 1994 with, until the date of entry into force of the
WTO Agreement, the Director-General to the CONTRACTING PARTIES to GATT 1947 or, thereafter,
with the Director-General of the WTO, shall not subsequently be added to it and any "other duty or
charge" recorded at a level lower than that prevailing on the applicable date shall not be restored to
that level unless such additions or changes are made within six months of the date of deposit of the
instrument.
8.
The decision in paragraph 2 regarding the date applicable to each concession for the purposes
of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable date
taken on 26 March 1980 (BISD 27S/24).
Page 27
UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Mem bers,
Noting that Article XVII provides for obligations on Mem bers in respect of the activities
of the state trading enterprises referred to in paragraph 1 of Article XVII, which are required
to be consistent with the general principles of non-discrim inatory treatm ent prescribed in
GATT 1994 for governm ental m easures affecting im ports or exports by private traders;
Noting further that Mem bers are subject to their GATT 1994 obligation s in respect of
those governm ental m easures affecting state trading enterprises;
Recognizing that this Understanding is without prejudice to the substantive disciplines
prescribed in Article XVII;
H ereby agree as follows:
1.
In order to ensure the transparency of the activities of state trading enterprises, Members
shall notify such enterprises to the Council for Trade in Goods, for review by the working party
to be set up under paragraph 5, in accordance with the following working definition:
"Governm ental and non-governm ental enterprises, including m arketing boards, which
have been granted exclusive or special rights or privileges, including statutory or
constitutional powers, in the exercise of which they influence through their purchases
or sales the level or direction of im ports or exports."
This notification requirem ent does not apply to im ports of products for im m ediate or ultim ate
consumption in governmental use or in use by an enterprise as specified above and not otherwise
for resale or use in the production of goods for sale.
2.
Each Mem ber shall con duct a review of its policy with regard to the subm ission of
notifications on state trading enterprises to the Council for Trade in Goods, taking account
of the provisions of this Understanding. In carrying out such a review, each Mem ber should
have regard to the need to ensure the m axim um transparency possible in its notifications so
as to perm it a clear appreciation of the m anner of operation of the enterprises notified and
the effect of their operations on international trade.
3.
Notifications shall be made in accordance with the questionnaire on state trading adopted
on 24 May 1960 (BISD 9S/ 18 4-18 5), it being understood that Mem bers shall notify the
en terprises referred to in paragraph 1 whether or n ot im ports or exports have in fact taken
place.
4.
An y Mem ber which has reason to believe that an other Mem ber has n ot adequately m et
its notification obligation m ay raise the m atter with the Mem ber concerned. If the m atter
is not satisfactorily resolved it m ay m ake a counter-notification to the Council for Trade in
Goods, for consideration by the working party set up under paragraph 5, sim ultaneously
inform ing the Mem ber concerned.
5.
A working party shall be set up, on behalf of the Council for Trade in Goods, to review
notifications and counter-notifications. In the light of this review and without prejudice to
paragraph 4(c) of Article XVII, the Council for Trade in Goods m ay m ake recom m endations
Page 28
with regard to the adequacy of notifications and the need for further inform ation. The working
party shall also review, in the light of the notifications received, the adequacy of the abovem entioned questionnaire on state trading and the coverage of state trading enterprises notified
under paragraph 1. It shall also develop an illustrative list showing the kinds of relationships
between governm ents and enterprises, and the kinds of activities, engaged in by these
enterprises, which m ay be relevant for the purposes of Article XVII. It is un derstood that the
Secretariat will provide a general background paper for the working party on the operations
of state trading enterprises as they relate to international trade. Mem bership of the workin g
party shall be open to all Mem bers indicating their wish to serve on it. It shall m eet within
a year of the date of en try in to force of the WTO Agreem en t an d thereafter at least on ce a
year. It shall report annually to the Council for Trade in Goods.1
1
The activities of this working party shall be coordinated with those of the working group provided for in Section III
of the Ministerial Decision on Notification Procedures adopted on 15 April 1994.
Page 29
UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONS
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Mem bers,
Recognizing the provision s of Articles XII and XVIII:B of GATT 1994 an d of the
Declaration on Trade Measures Taken for Balance-of-Paym ents Purposes adopted on 28
November 1979 (BISD 26S/ 205-209, referred to in this Understanding as the "1979 Declaration")
and in order to clarify such provisions 1;
H ereby agree as follows:
Application of Measures
1.
Mem bers confirm their com m itm ent to announce publicly, as soon as possible, tim eschedules for the removal of restrictive import measures taken for balance-of-payments purposes.
It is understood that such tim e-schedules m ay be m odified as appropriate to take into account
changes in the balance-of-paym ents situation. When ever a tim e-schedule is not publicly
announced by a Mem ber, that Mem ber shall provide justification as to the reasons therefor.
2.
Mem bers con firm their com m itm en t to give preferen ce to those m easures which have
the least disruptive effect on trade. Such m easures (referred to in this Understanding as "pricebased measures") shall be understood to include import surcharges, import deposit requirements
or other equivalent trade m easures with an im pact on the price of im ported goods. It is
un derstood that, n otwithstan din g the provision s of Article II, price-based m easures taken for
balance-of-paym ents purposes m ay be applied by a Mem ber in excess of the duties inscribed
in the Schedule of that Mem ber. Furtherm ore, that Mem ber shall in dicate the am oun t by which
the price-based m easure exceeds the bound duty clearly and separately under the notification
procedures of this Understanding.
3.
Mem bers shall seek to avoid the im position of new quantitative restrictions for balanceof-paym ents purposes unless, because of a critical balance-of-paym ents situation, price-based
m easures cannot arrest a sharp deterioration in the external paym ents position. In those cases
in which a Member applies quantitative restrictions, it shall provide justifica